DACA, TPS & Other

DACA

The six basic criteria (you must meet all six) for qualifying for DACA are:

  1. You entered the United States on or before June 15, 2007 and have lived in the United States since then.
  2. If you entered the United States legally, your legal status expired on or before June 15, 2012.
  3. You entered the United States before your 16th birthday.
  4. On June 15, 2012 you were under 31 years old.
  5. You have either completed high school, or are working toward a GED, or have been honorably discharged as a veteran of the U.S. Coast Guard or military.
  6. You do not have more than three misdemeanor convictions (please note not all misdemeanor convictions count as convictions under for purposes of DACA).  You have not been convicted of a felony or significant misdemeanor.

If you have never been in removal proceedings, remember you need to be 15 years old or older to file the DACA Form I-821D.

If you are in removal proceedings and you are over 15 years old, you may file the DACA Form I-821D if the immigration judge has terminated your removal proceedings.

If you are currently:

  • in removal proceedings,
  • have already been ordered removed,
  • have been granted voluntary departure by the immigration judge, or
  • your case has been administratively closed

Then you may file the DACA Form I-821D to request deferred action on your case.  You can file for consideration even if you are under 15 years old at the time.

How do I file?

  1. Complete the new Form I-821D
  2. Complete the Form I-765
  3. Complete the Form I-765 Worksheet
  4. There is a filing fee of $465.00 ($380.00 for the Employment Authorization and $85.00 for fingerprints).

How do I renew?

For DACA renewal:

  1. IMPORTANT: US-CIS will not accept renewal filed with the old Form I-821D (6/25/2013 version).  The New I-821D is now available.
  2. For renewals, you will not need to resubmit proof of eligibility, but US-CIS may still request additional documents (i.e., if you have suffered a criminal charge since your first DACA).
  3. Check the expiration of your Employment Card (EAD), make sure you file at least 120 days before it expires.
    • CAUTION: do not file more than 150 days in advance, your application will be rejected!!
  4. ATTENTION: As with TPS, if US-CIS cannot timely process renewal applications, they will likely automatically extend your current EAD.
  5. If you applied for DACA with ICE, your renewal time is NOW and you can use the current Form I-821D (Version 6/25/2013).

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